Differently Abled Person Challenges Driving License Denial in Kerala HC

Differently Abled

A differently abled individual has approached the Kerala High Court, challenging the denial of an opportunity to obtain a driving license despite possessing the required medical clearance.

The plea was filed by a person who has a 40 percent disability in his right arm and hand. Upon reaching the age of 18, he approached a driving school, which directed him to obtain permission from the Regional Transport Office (RTO) to apply for a driving test.

As per his plea, he submitted a medical fitness certificate to the RTO stating his eligibility for a driving license, provided the vehicle is appropriately modified. However, his request was rejected by the RTO on grounds that the vehicle could not be modified to suit his needs.

He subsequently approached the Deputy Transport Commissioner, but his request was again denied. This led him to approach the High Court with a petition challenging the Deputy Transport Commissioner’s decision, arguing that it violates the right to equality guaranteed under Article 14 of the Constitution of India.

In the petition, he contended that categorizing persons as disabled is unlawful and that denying equal opportunities to differently abled individuals violates Articles 19 (freedom of movement and occupation) and 21 (right to life and personal liberty) of the Constitution.

The petitioner argued that invoking provisions of the Motor Vehicles Act to deny him a driving test opportunity was arbitrary. He also alleged that authorities did not consider the medical certificate, reflecting their adversarial stance on the matter.

The petition highlighted the established principle that differently abled individuals can obtain a driving license if they possess the necessary skills, training, and medical clearance to safely operate a vehicle. Given that he meets all these criteria, the plea urged the Court to ensure he is granted a driving license upon passing the test.

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About the Author: Nunnem Gangte